Idea Transcript
Louisiana’s Justice Reinvestment Reforms Practitioners’ Guide
August 1, 2017
Table of Contents Introduction…………………………………………………………………………………………………………………………………….……..4 Background…………………………………………………………………………………………………………………………………4 o Creation of the Louisiana Justice Reinvestment Task Force…………………………………………….4 o Findings that shaped the task force’s recommendations for reform………………………………4 The Justice Reinvestment legislation…………………………………………………………………………………………..5 Felony Sentencing…………………………………………………………………………………………………………………………………..7 Reducing minimum and maximum sentences for specified crimes……………………………………………..7 Removing less serious offenses from the violent crimes list………………………………………………………..7 Raising the felony theft threshold to $1,000 and consolidating penalties across theft offenses….7 Eliminating specialty property offenses………………………………………………………………………………………9 Creating a Louisiana Felony Class System Task Force………………………………………………………………….9 Tailoring sentences for drug offenses according to weight………………………………………………………….9 o Overview of new criminal penalties for controlled substances……………………………………..10 o Schedule I: Marijuana and synthetic marijuana……………………………………………………………11 o Schedule I: Substances other than marijuana and synthetic marijuana……………………….12 o Schedule II: Amphetamine, methamphetamine, cocaine, oxycodone, and methadone…………………………………………………………………………………………………………………..13 o Schedule II: GHB, pentazocine, and phencyclidine……………………………………………………….14 o Schedule II: All other Schedule II controlled substances………………………………………………15 o Schedule III, IV, and V controlled substances………………………..………………………………………16 Expanded eligibility for probation……………………………………………………………………………………………..17 Expanded eligibility for treatment-focused prison alternatives…………………………………………………17 Probation sentence length………………………………………………………………………………………………………..17 Habitual Offender Statute…………………………………………………………………………………………………………………….18 Cleansing periods………………………………………………………………………………………………………………………18 Judicial discretion in amending constitutionally excessive sentences………………………………………..18 Lowering mandatory minimum sentences and excluding repeat nonviolent offenses from eligibility………………………………………………….………………………………………………………………………………..18 Release Mechanisms…………………………………………………………………………………………………………………………….20 Sentence Credits……………………………………………………………………………………………………………………….20 o Eligibility and accrual of good time……………………………………………………………………………….20 Good time accruals for nonviolent offenses…………………………………………………….20 Good time accruals for violent offenses…………………………………………………………..21 Good time accruals for sex offenses…………………………………………………………………21 o Eligibility and accrual of CTRP credits……………………………………………………………………………21 o Additional CTRP available to workforce development work release program participants………………………………………………………………………………………………………………….22 o Lifting the statutory 90-day limit on CTRP credit for individual programs…………………….22 Parole……………………………………………………………………………………………………………………………………….22 2
o
Eligibility and time served requirements for parole………………………………………………………23 Parole for instant nonviolent, nonsex offenses………………………………………………..23 Parole for instant violent offenses……………………………………………………………………23 Parole for instant sex offenses…………………………………………………………………………23 o Administrative parole…………………………………………………………………………………………………..24 o Restoring parole eligibility for certain prisoners convicted of second degree murder…..25 o Release options for juveniles sentenced to life without parole…………………………………….25 Prospective changes………………………………………………………………………………………..25 Retroactive changes…………………………………………………………………………………………26 Medical Treatment Furlough…………………………………………………………………………………………………….26 Community Supervision………………………………………………………………………………………………………………………..29 Earned compliance credits………………………………………………………………………………………………………..29 Sanctions for violations of supervision conditions…………………………………………………………………….29 o Expanding eligibility for administrative sanctions…………………………………………………………29 o Expanding alternatives to revocations for new charges and misdemeanor convictions……………………………………………………………………………………………………………………30 o Limiting the use of administrative jail sanctions……………………………………………………………31 o Making intermediate jail sanctions more proportional…………………………………………………31 o Release on bond for parolees arrested on new charges……..…………….………………………….31 o Credit for time served awaiting a sanction or revocation hearing…………………………………32 o Credit toward revocation sentence for time successfully completed on probation……………………………………………………………………………………………………………………..32 Victims’ Rights………………………………………………………………………………………………………………………………………33 Reentry statement…………………………………………………………………………………………………………………….33 Electronic victim registration and notification…………………………………………………………………………..33 Criminal Justice Fines and Fees in Felony Cases……………………………………………………………………………………34 Legislative intent……………………………………………………………………………………………………………………….34 Determining ability to pay…………………………………………………………………………………………………………34 Payment plans…………………………………………………………………………………………………………………………..34 Debt forgiveness incentive………………………………………………………………………………………………………..35 Prohibiting incarceration and drivers’ license suspension for those unable to pay……………………35 Uncollected debts……………………………………………………………………………………………………………………..35 Barriers to Reentry……………………………………………………………………………………………………………………………….36 Suspending child support during incarceration………………………………………………………………………...36 Professional licenses…………………………………………………………………………………………………………………36 Public assistance programs……………………………………………………………………………………………………….37 Reinvestment and Data Collection……………………………………………………………………………………………………….38 Reinvestment……………………………………………………………………………………………………………………………38 Data collection………………………………………………………………………………………………………………………….39
3
Introduction This Practitioners’ Guide provides in-depth descriptions of how Louisiana’s Justice Reinvestment reforms—Senate Bills 16, 139, 220, and 221 and House Bills 116, 249, 489, 519, 680, and 681 of 2017— change state laws. The Louisiana Department of Corrections offers it as a resource to courtroom attorneys, corrections and law enforcement practitioners, and individuals affected by the state’s criminal justice system. For each change in state law, this guide identifies the relevant bill, the statutes affected, the changes from prior law, the effective date of the changes, and whether the changes apply prospectively or retroactively. Background
Creation of the Louisiana Justice Reinvestment Task Force Aiming to control prison population growth and recalibrate the state’s correctional investments to ensure the best possible public safety returns, the Louisiana State Legislature in 2015 passed House Concurrent Resolution 82, establishing the inter-branch Louisiana Justice Reinvestment Task Force. A bipartisan expert panel of lawmakers, courtroom practitioners, law enforcement officials, and community members, chaired by Department of Public Safety & Corrections Secretary Jimmy LeBlanc, the task force examined the state’s criminal justice system and recommended strategic statutory changes to get more public safety for each dollar spent.
Findings that Shaped the Task Force’s Recommendations for Reform In their March 16, 2017 final report, the task force found that, with the highest imprisonment rate in the United States, annual corrections spending at two-thirds of a billion dollars, and high recidivism rates, Louisiana taxpayers were not getting a good public safety return on investment. A chief reason Louisiana leads the nation in imprisonment is that it admits people to prison for nonviolent offenses at a rate far higher than other states. The task force found that Louisiana sent people to prison for drug, property, and other nonviolent crimes at twice the rate of South Carolina and three times the rate of Florida, even though the states had nearly identical crime rates. More than half of those sent to prison in 2015 had failed on community supervision. Among the rest—those sentenced directly to prison rather than probation—the top 10 crimes were all nonviolent, the most common by far being drug possession. Courts sent one in three people convicted of felonies to prison in 2015, a substantial increase from 10 years prior. The task force found that prison alternatives like probation and drug courts were limited by funding and restrictions in state law.
4
Lengthy prison terms also drove up the number of people behind bars. By the end of 2015, nearly 20 percent of those in Louisiana’s prisons had been there longer than 10 years. Prison sentences for common nonviolent crimes had gotten longer, and the committee on parole was hearing fewer cases, partly due to dozens of new parole restrictions passed by the Legislature. Referencing the best research in the field, the task force found that successful probationers and parolees were supervised in the community well past the point when they were most likely to reoffend. Average probation officer caseloads were too large to manage. Rewards for those who comply with supervision rules and programming were un-motivating, and sanctions for violating conditions were inconsistently applied and often more disruptive than necessary to job and family responsibilities. State budgetary decisions were disconnected from the research. Spending on prisons dwarfed investments in effective prison alternatives, programs that reduce recidivism, and services that support crime victims. The task force also found that the justice system was often inaccessible for victims and created too many barriers for those convicted of crimes, undermining both public safety and trust in the system. The Justice Reinvestment Legislation Six Republicans, two Democrats, and one Independent sponsored the Justice Reinvestment package of ten bills, which earned endorsements from the state District Attorneys association, business and faith leaders, and diverse coalitions of practitioners, advocates, and community members. The bills passed with large majorities in the House and Senate, and were signed into law by Governor Edwards on June 15, 2017. The bipartisan reform package is designed to steer people convicted of less serious crimes away from prison, strengthen alternatives to incarceration, reduce prison terms for those who can be safely supervised in the community, and remove barriers to successful reentry. The task force and Department of Corrections project that the bills will reduce the prison and community supervision populations by 10 and 12 percent, respectively, by 2027. Assuming Division of Probation & Parole staffing levels remain constant, the drop in community supervision population would reduce average caseload sizes from 139 to 119 cases per officer. The decline in the number of prisoners would save Louisiana taxpayers an estimated $262 million over the next ten years. The legislation designates seventy percent of the savings as a bona fide obligation of the state to carry over into the next fiscal year budget to reinvest in programs and services that reduce recidivism and support victims of crime. Specifically, Louisiana’s Justice Reinvestment bills do the following (described in more detail throughout this Practitioners’ Guide):
5
SB 16 by Senator Dan Claitor (R) permits most people sentenced to life as juveniles to be considered for parole after 25 years in prison. SB 139 by Senator Danny Martiny (R) moves up the eligibility dates for parole and good time release and extends eligibility to certain inmates; authorizes administrative parole release without a hearing for those convicted of nonviolent crimes; authorizes increased credits for time off of prison terms for participation in recidivism reduction and employment programs; creates a medical furlough so certain inmates can receive intensive hospital or community-based care; expands eligibility for probation and other prison alternatives; reduces the maximum probation term from five to three years; creates earned compliance credits that can reduce supervision terms by up to half for those who fulfill their conditions; caps jail time as a sanction for supervision violations at 15, 30, and 45 days for first, second, and subsequent sanctions, respectively; and expands the list of violations eligible for those shorter sanctions. SB 220 by Senate President John Alario (R) tailors sentences for drug offenses by weight, trimming penalties for possession or sale of small amounts; reduces penalties for some theft offenses; raises the felony theft threshold from $500 or $750, depending on the offense, to $1,000; simplifies theft and burglary crimes; eliminates mandatory minimum sentences and reduces maximum sentences for several nonviolent offenses; and creates a task force to study the creation of a new felony class system. SB 221 by Senate President Alario reduces habitual offender penalties, considered far out of step with other states, by lowering mandatory minimum sentences for those on their second or third felony convictions and eliminating life sentences for fourth and subsequent nonviolent offenses. HB 116 by Representative Stephen Dwight (R) streamlines registration for victim notification and ensures that victims can request certain safety measures as a condition of the prisoner’s release. HB 249 by Representative Tanner Magee (R) tailors criminal justice fines and fees to a defendant’s ability to pay; creates a payment plan for those facing financial hardship; and creates debt forgiveness for those who pay on time for 12 months or half their supervision term, whichever is longer. HB 489 by Representative Walt Leger (D) mandates the collection of data to monitor the reforms and requires that the state redirect 70 percent of savings into community-based prison alternatives, victim services, and recidivism-reduction programs in the state prisons and parish jails. HB 519 by Representative Julie Emerson (R) simplifies the process for those with criminal convictions to apply for and receive occupational licenses. HB 680 by Representative Joe Marino (I) temporarily suspends child support obligations for inmates incarcerated for more than six months. HB 681 by Representative Helena Moreno (D) lifts the ban on public assistance benefits for people with drug convictions. 6
Felony Sentencing To focus prison beds more on an inmate population who pose a serious threat to public safety, the Legislature reduced sentences for certain felony offenses, removed less serious crimes from the violent crimes list, tailored drug offenses according to weight, raised the threshold marking the dollar value when theft and property damage become a felony, eliminated specialty property crimes, and created a task force to study the concept of adopting a felony classification system. Reducing Minimum and Maximum Sentences for Specified Crimes Senate Bill 220 amending La. R.S. 14:52, 54.1, 62.2, 62.8, 68, 68.4, 82, 95.1, and 230 Effective August 1, 2017—not retroactive SB 220 alters criminal penalties for the following offenses: Offense Prior Law Current Law Simple arson, damage more than $500 2 – 15 years 0 – 15 years Communicating false info of planned arson 0 – 20 years 0 – 15 years Simple burglary of an inhabited dwelling 1 – 12 years 1 – 12 years Home invasion 0 – 25 years 1 – 30 years Home invasion, armed with a dangerous weapon 5 – 30 years Home invasion, vulnerable victim 10 – 25 years Unauthorized use of a movable, value > $1,000 0 – 5 years 0 – 2 years Unauthorized use of a motor vehicle 0 – 10 years 0 – 2 years Prostitution, third and subsequent conviction 2 – 4 years 0 – 4 years Possession of a firearm by a felon 10 – 20 years 5 – 20 years Money laundering, value more than 100,000 5 – 99 years 2 – 50 years Underlined sentences indicate that the minimum term is mandatory and cannot be suspended. Removing Less Serious Offenses from the Violent Crimes List Senate Bill 220 amending La. R.S. 14:2(B) Effective August 1, 2017—not retroactive SB 220 removes the following offenses from the violent crimes list: mingling harmful substances, extortion, and illegal use of weapons or dangerous instrumentalities. Raising the Felony Theft Threshold to $1,000 and Consolidating Penalties across Theft Offenses Senate Bill 220 amending La. R.S. 14:67, 67.25, 67.26, 68.7, 69, 70, 70.2, 71, and 202.1 Effective August 1, 2017—not retroactive SB 220 raises the dollar value at which theft or property damage is considered a felony from $500 or $750, depending on the offense, to $1,000, for most property crimes. It also consolidates and simplifies criminal penalties for the following theft crimes:
7
Offense Theft
Organized retail theft Theft of a motor vehicle Receipts and universal product code labels; unlawful acts
Illegal possession of stolen things
Refund / access device application fraud (penalty for refund fraud in (C)(1) unaffected) Access device fraud
Issuing worthless checks
Residential contractor fraud
Prior Law Value of property More than $25,000 5,000 to $25,000 $750 to $5,000 Less than $750 Less than $750, 3rd and subsequent More than $500 Less than $500 More than $1,500 $500 to $1,500 Less than $500 More than $1,500 $500 to $1,500 Less than $500 Less than $500, 3rd and subsequent More than $1,500 $500 to $1,500 Less than $500 Less than $500, 3rd and subsequent More than $1,500 $500 to $1,500 Less than $500 Less than $500, 3rd and subsequent More than $1,500 $500 to $1,500 Less than $500 Third and subsequent conviction, any value More than $1,500 $500 to $1,500 Less than $500 Less than $500, 3rd and subsequent More than $1,500 $500 to $1,500 Less than $500
Sentence 5 – 20 years 0 – 10 years 0 – 5 years 0 – 6 months 0 – 2 years 0 – 10 years 0 – 2 years 0 – 10 years 0 – 5 years 0 – 6 months 0 - 10 years 0 – 5 years 0 – 6 months 0 – 2 years
Current Law Value of property More than $25,000 $5,000 to $25,000 $1,000 to $5,000 Less than $1,000 Less than $1,000, 3rd and subsequent
Sentence 0 – 20 years 0 – 10 years 0 – 5 years 0 – 6 months 0 – 2 years
Same as theft (penalties and ranges above)
0 – 10 years 0 – 5 years 0 – 6 months 0 – 2 years 0 – 10 years 0 – 5 years 0 – 6 months 0 – 2 years 0 – 10 years 0 – 5 years 0 – 6 months 0 – 10 years 0 – 10 years 0 – 5 years 0 – 6 months 0 – 2 years 0 – 10 years 0 – 5 years 0 – 6 months
8
Eliminating Specialty Property Offenses Senate Bill 220 repealing La. R.S. 14:56.1, 56.2, 56.3, 62.1, 62.6, 62.9, 67.1-67.3, 67.6 – 67.10, 67.18, 67.20, 67.21, 67.24, 67.28, 67.30, 68.5, and 211 Effective August 1, 2017—not retroactive SB 220 eliminates the following specialty crimes that are duplicative of other theft, property damage, and burglary offenses: criminal damage to coin-operated devices; criminal damage of a pipeline facility; criminal damage to genetically engineered crops, genetically engineered crop facilities, or genetically engineered crop information; simple burglary of a pharmacy; simple burglary of a religious building; simple burglary of a law enforcement or emergency vehicle; theft of livestock; theft of timber; unauthorized use of “access card” as theft; theft of utility service; theft of petroleum products; theft of oilfield geological survey, seismograph, and production maps; theft of oil and gas equipment; theft of goods; cheating and swindling; theft of a business record; theft of assets of a person who is aged or a person with a disability; theft of utility product; theft of copper or other materials; theft of animals; unauthorized removal of property from governor’s mansion and the state capitol complex; and sale of forest products. Creating a Louisiana Felony Class System Task Force Senate Bill 220 enacting La. R.S. 40:601 Effective August 1, 2017—not retroactive SB 220 establishes the Legislature’s intent that it is in the best interest of the public to have a felony class system, whereby nearly every felony falls into a class, ensuring consistency across crimes of similar severity and greater transparency for victims, defendants, and criminal justice practitioners. Accordingly, the Legislature created the Louisiana Felony Class System Task Force and charged the body with developing recommendations for the adoption of a felony class system. The task force must hold its first meeting on or before September 15, 2017, have a minimum of six meetings before February 1, 2018, and present recommendations for consideration before the 2018 legislative session. Tailoring Sentences for Drug Offenses According to Weight Senate Bill 220 amending La. R.S. 40:966 – 970 Effective August 1, 2017—not retroactive SB 220 tailors Louisiana’s drug possession and commercial drug penalties according to the weight of the controlled substance involved in the offense. It does this in two ways: first, by carving out low-weight possession offenses and limiting their maximum terms of incarceration, and, second, by tiering sentences for commercial offenses (manufacture, sale, and possession with intent to distribute) according to weight. A high-level summary of the final drug sentences is below, and a detailed comparison of Louisiana’s current and prior drug laws is included on pages 11 through 16.
9
Overview of new criminal penalties for controlled substances
Drug Schedule
Weight
Possession Offenses
Commercial Offenses
Schedule I Marijuana and synthetic marijuana
0 – 2.5kg
Unchanged
1 – 10 years
Schedule I Substances other than marijuana and synthetic marijuana
0 – 2g
2.5kg+
2g – 28g 28g+
Schedule II
0 – 2g 2g – 28g
Schedule III
28g+ Any
1 – 20 years Heroin: 2 – 4 years Heroin: 5 – 40 years Other: 0 – 2 years Other: 1 – 10 years 1 – 10 years Heroin: 5 – 40 years Other: 1 – 20 years 0 – 2 years 1 – 10 years 1 – 5 years 1 – 20 years
1 – 5 years 1 – 10 years Flunitrazepam: 1 – 10 years Flunitrazepam: 1 – 20 years Schedule IV Any Other: 1 – 5 years 1 – 10 years Schedule V Any 1 – 5 years 1 – 10 years Possession of certain controlled substances in large quantities is treated as a commercial offense under the new law.
10
Schedule I: Marijuana and synthetic marijuana—possession offenses Senate Bill 220 amending La. R.S. 40:966 Prior Law Weight Threshold
Current Law Weight Threshold Sentence Marijuana 0 – 2.5 lbs 1st 14g: 0 – 5 years 2nd: 0 – 6 months 3rd: 0 – 2 years Subsequent: 0 – 8 years 2.5 – 60 lbs 2 – 10 years 2.5+ lbs 1 – 20 years (treated as a commercial offense— 60 – 2,000 lbs 5 - 30 years see below) 2,000 – 10,000 lbs 10 – 40 years 10,000+ lbs 25 – 40 years Synthetic marijuana 0 – 2.5 lbs 1st: 0 – 6 months Unchanged nd 2 : 0 – 5 years 3rd: 0 – 20 years 2.5 – 60 lbs 2 – 10 years 2.5+ lbs 1 – 20 years (treated as a commercial offense— 60 – 2,000 lbs 5 – 30 years see below) 2,000 – 10,000 lbs 10 – 40 years 10,000+ lbs 25 – 40 years Underlined sentences indicate that the minimum term is mandatory and cannot be suspended. Sentence
Schedule I: Marijuana and synthetic marijuana—commercial offenses (sale, distribution, manufacture, and possession with intent to distribute) Senate Bill 220 amending La. R.S. 40:966
Prior Law Weight Threshold Any Amount
Current Law Sentence Weight Threshold Marijuana and synthetic marijuana 5 – 30 years 0 – 2.5 lbs 2.5+ lbs
Sentence 1 – 10 years 1 – 20 years
11
Schedule I: Substances other than marijuana and synthetic marijuana—possession offenses Senate Bill 220 amending La. R.S. 40:966 Prior Law Weight Threshold